Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1887-03-17


afhdavit therefor; or shall SELL barter or give
away any Intoxicating liquor to any minor any
person who Is under the influence OF liquor or
who Is in the habit of becoming intoxicated, or
who shall allow such liquor, sold as medicine
or otherwise, 20 be drunk on his premises or
premises under his control; or In any other man
ner omit any act required of him herein, or vio-
late any OF the provisions OF this act, shall be
guilty Of a misdemeanor,- and upon conviction
thereof shall be fined not less than 500 nor
more than 800, and be imprisoned in the county
1zi not less than thirty days nor more than nine
~ days, and shall forfeit his permit issued un-
der the provisions OF this act. and his right to
obtain permit within five years next there
after; and in all cases when forfeitures are pro-
vided under the provisions OF this act. the court
shall declare the same in rendering Judgment in
the action. q s.
Section 4. That section 10 of chapter 1913 of the
session laws OF 1881, as amended by seetion IS Of
chapter 149 of the session laws of 1875, be and
the same is hereby amended rs TO read as
follows: Section ID. All places where lntoxicat-
ing liquors are manufactured, sold, bartered or
given away in violation OF any of the provisions
OF this act, or where persons are permitted to
resort for the purpose OF drinking Intoxicating
liquors rs a beverage, or where intoxicating
lqnors are kept for sale, barter or delivery, in
violation OF this act, are hereby declared to be
common nuisances and upon the Judgment OF q
court having jurisdiction, finding such place to
be a nuisance under this section the sherif1, his
deputy or under-sherin any constable of the
proper county, or marshal OF any city whore
the same is located, shall be directed to shut up
and abate such place, by taking possession
thereof and by taking possession OF all such in
toEicating liquors found therein. together with
all signs, screens, bars, bottles, glasses and
other property used IN keeping and maintaining
said nuisance, and such personal property SO
taken possession of shall be forthwith destroyed
and the owner or keeper thereof shall, upon
conviction, be adjudged guilty CT maintaining
common nuisance. and shall oe punished by
fine of not less than 500 nor more than $500,
and by imprisonment in the county Jail not less
than thirty days nor more than ninety days.
The Attorney General, county attorney or any
citizen of the county where such nuisance ex-
lists, or is kept, or is maintained, may maintain
an action in the name of the State to abate and
enioin the same. The Injunction
shall be granted at the commencement OF the
action, and no bond shall be required. ANY per-
son violating the terms OF any injunction granted
in such proceedings shall be punished for con-
tempt, by fine of not less than 500 nor more
than $500, and by Imprisonment in the county
Jail not less than thirty days nor more than
six months, in the discretion OF the court
judge thereof. In case judgment is rendered
in favor of the plaintiff in any action brought
under the provisions OF this section. the court
the same shall also render Judgment
for reasonable attorneys fee in such action in
favor of the plaintiff and against the defendants
therein; which attorneys fee shall be taxed and
collected as other costs therein, and when col
lected. paid to the attorney or attorneys of the
plaintiff therein.
Section 5. That section II of chapter 149 of
the session laws of 1885 be and the same is
hereby amended so as to read as follows: Sec
ton IL. 1t shall be the duty of the county at
torneyS to diligently prosecute any and all per
violating any of the provisions of this act in
their respective counties and to bring suit upon
all bonds or recognizes forfeited, Immediately
after the happening Of such forfeiture, TO re
cover the penalty and to pay all money col
collecting a
herein provided, into the school fund of his
county. If any county attorney shall fail
neglect refuse to faithfully perform any duty
imposed upon him by this act, he shall be
deemed guilty OF misdeIleanor, and upon con-
Viction thereof shall be fined in any sum not
less than $10O nor more than $500, and lie inn
prisoned in the county Jail not less than ten
lays nor more than ninety days; and such con-
7icton shall operate forfeiture of his office,
md the court before whom such conviction may
De had shah order and adjudge such forfeiture
If Office in addition to the fine imposed as herein
provided. And whenever the county attorney
shall be unable or shall neglect or refuse
10 enforce the provisions Of this act in his
county, or for any reason whatever the provis-
ons of this act shall not be enforced in any
county, it shall be the duty OF the Attorney Gen
sral to enforce the same in such county, and
or that purpose he may appoint as many as
;istants as he may fit and he and his assist
lnts shall be authorized to sign, verify and file
LII such complaints, informationS, petitions and
papers as the cou1Kty attorney Is authorized to
sign, verify or file, and to do and perform any
sct that the county attorney might lawfully do
II perform; and for such services he or his as
,iSsant shall receive the same fees that the
county attorney would be entitled to for like
services, to be taxed and collected IN the same
manner, except that in all cases where there
shall be conviction, and the attorney fees as
provided for in this act shall not be paid by the
defendant within one month after his release
rom jail, the county where such convection is
lad shall then become liable to the Attorney
General, or his assistant prosecuting such case,
'or fee of SIS upon each count upon which the
defendant shall have been convicted
Section 6. That section 5 OF chapter 1S OF the
session laws of 1881 be and is hereby amended
so as to read as follows: Section s. No person
shall manufacture assist in the manufacture
Of Intoxicating liquors in this State, except for
medical, scientific and mechanical purposes.
Any person or persons desiring to manufacturo
any OF the liquors mentioned in this act for
medical, scientific and mechanical purposes
shall present to the probate Judge OF the county
wherein such business is proposed to be carried
On, 4 petition asking permit for such purpose,
setting forth the name of the applicant, the
place where it is desired to carry on such bust
ness, and the kind of liquor to be manufactured.
Such petition shall have appended thereto
certificate signed by at least 100 resident elect
ors of the ward of the city of the first second
class or by majority of the resident electors
Of the township or city OF the third class,
wherein such applicant desires to manu-
facture such intoxicants, certifying that
such applicant is person OF good moral
temperate in his habits, and proper
person to manufacture and sell Intoxicating
liquors. Such applicant shall file with such
petition a bond TO the State OF Kansas in the
sum of $1,000. conditioned that for any viola
ton of the provisions of this act said bond shall
be forfeited. Such bond shall be signed by
such applicant applicants as principal or
principals, and by at least three sureties. who
shall justify under oath in the sum of 5000
each. over and above all indebtedness and ex-
emptions, and who shall be of the number sign
ing said petition The probate judge shall con-
slider such petition and bond, and if satisfied
that said petition is true, and that the bond is
sufhcient, may In his discretion grant permit
to manufacture intoxicating liquors for medi-
cine, scientific and mechanical purposes. The